Organizers of lawsuit to protect houses of worship as ‘sensitive locations’ assess next steps, encourage people to mobilize

A lawsuit seeking to protect houses of worship from immigration action is working toward its next steps.  

This lawsuit, Mennonite Church USA et al. v. United States Department of Homeland Security et al., has been organized by the Center on Faith and Justice and the Institute for Constitutional Advocacy and Protection at Georgetown Law on behalf of more than two dozen religious groups in response to the current administration’s policy allowing immigration agents more leeway to make arrests at “sensitive locations,” including houses of worship. The Central Atlantic Conference of the United Church of Christ is a plaintiff, and UCC denominational leadership has expressed a commitment to ongoing support.  

Jim Simpson, executive director of CFJ, joined the Rev. ellie hutchison, UCC minister for church and community engagement, to discuss the lawsuit and how people can continue to support immigrants in their communities in a Nurture the Soul webinar on May 8.

“Collectively, the plaintiffs represent tens of thousands of houses of worship. They represent tens of millions of people of faith,” Simpson said. “We are suing the Department of Homeland Security to essentially say that removing this [sensitive locations] policy and therefore opening the door for ICE and Customs and Border Protection to be able to carry out detentions in and around houses of worship is going to harm the religious rights and religious freedoms of people of faith in the United States.”

‘One step in a long process’

The lawsuit’s first hearing took place on April 4 to consider a preliminary injunction which asked to restore the sensitive locations policy for plaintiffs for the duration of the lawsuit. Religious leaders, including several from the UCC, gathered for a vigil in Washington, D.C. prior to the hearing.

While the judged declined to grant the preliminary injunction with the current evidence, Simpson said, the judge also noted that if new evidence arises of harm caused to the plaintiffs, the judge could reconsider.

“It’s an initial ruling that the evidence we have put before the judge doesn’t at this point present the sort of injury that the judge feels like is necessary to establish standing, and it’s a disappointment, but it is not fatal for the case,” Simpson said. “We have always known from the beginning that a lawsuit like this is a process that was going to take a significant amount of time, and this is just one step in a long process.”

One federal judge did block immigration enforcement in sensitive locations for case plaintiffs in a similar Maryland lawsuit.

The ICAP legal team is currently reviewing the decision and assessing what the options are, Simpson said, adding that next steps are coming soon.

‘Opening up new doors’

Simpson responded to questions about how some denominations, including the UCC, did not feel that their denominational polity allowed them to sign on in the way that was requested in the lawsuit’s strategy. He said many people have reached out asking why their respective denominations were not part of the lawsuit.

Simpson noted that despite the UCC General Synod not being a plaintiff of the lawsuit, “through Noel Anderson [UCC minister for immigration justice] and others that are part of the UCC, I think you all are actually one of the most active denominations that are doing some of the most important work around this.”

Anderson, who joined the webinar conversation, emphasized the importance of staying involved as the needs of the sanctuary movement evolve under the Trump administration. He encouraged congregations to engage in locally-led “Know Your Rights” trainings.

“I think that the sensitive locations litigation could open up new doors for us to not only grow the sanctuary movement work in a very difficult time once again, but to also wedge our opposition,” Anderson said. “The reality is that the majority of the population does not support this type of extreme family separation or the idea of ICE going into churches and schools and hospitals.

“As people of faith, we can draw upon those values of faith, and we can mobilize our fellow faith communities and even reach across our denominational or theological divides within faith communities to really make a strong point, and the litigation really creates a platform for that.” 

Simpson reflected on the value arising from people of faith getting active on their values.

“What we’re seeing is a groundswell of people who are coming to realize that the values coming from many in politics and others throughout the country are contrary to the values that we hold dearly. Particularly, people of faith are seeing that what we are experiencing right now is distinctly at odds with the values of our various traditions,” he said. “I think at first, a lot of people were surprised and shocked and frozen, but what I’m seeing now is a growing willingness and interest in being active and engaged in this moment, and I think that’s what will not just help us resist and get through the worst of this, but it’s what is needed to bring us forward to a more inclusive and a more fulfilling future for everyone.”

View the full webinar and find addition resources shared here.

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